Loading...
12.16.1993 PZ MinutesPUBLIC HEARING PLANNING AND ZONING COMMISSION DECEMBER 16, 1993 7:00 P.M. Chairman Gray called the Hearing to order at 7:03 p. m. Commission members present were Charles Gray, Janna Brimer, Cliff Hallmark and David Conroy. Glynn Cavasos, Bill Cromer and Gregg Bennett were not in attendence. A total of tenty -seven (27) attendees signed the Attendence Record. City Staff in attendence: Ted Rowe, City Administrator Michael Box;: Director of Development and Enforcement Elizabeth Elam, Legal Counsel for. the City of Kennedale 'David Geeslin, Kennedale Chief of Police Mort Wetterling, Asst. Director. of Development and Enforcement PUBLIC HEARING NO. 1 -To receive citizen's comments re: the request to rezone 47.3358 acres of the proposed Shady Creek East subdivision from the current. "AG" to "R -2 ". Gary Cooper, developer of the proposed subdivision, gave the Commission a briefing on the land use proposed for the area as well as the differ- ence in development costs between one acre and one -half acre lots. He further advised that the area's homes will be approximately 2,200 sq. ft. on a lot of approximately one -half acre in size. Mr. Cooper also stated that the proposed subdivision will not adversely impact the schools and will provide quality growth for the City. Finally, Mr. Cooper challenged the Commission and the citizens present to identify any negative aspects of the existing Shady Creek Addition and he further advised that Shady Creek East will be developed in an exact likeness. He closed by request- ing approval of the zoning change request. Rusty DiSciullo (Property Owner's Engineer), Greg Morrison (Realtor) and Roy Light (Property Owner) spoke favorably of the proposed land use and requested approval of the rezoning. Opposition to the rezoning request was voiced by George Harrison, Sam Gilley, Norbert Reimer and William J. McAuley, based upon concerns re- lating to traffic flow and egress from the proposed subdivision. Gary Cooper's response was that Little Rd would not be adversely impacted by Shady Creek East traffic and that southbound traffic, out of the project, would be "dog- legged" onto Harrison Drive. Additional opposition was voiced by Tom Boone, William J. McAuley and John J. Allevato, all of which expressed a concern that Shady Creek East could possibly lower the property values of their respective areas. Sam Gilley, William J. McAuley and Merle Carruthers all voiced concern over the possibility of increased school taxes by developing new hous- ing in the Kennedale Independent School District and therefore, opposed the rezoning request. There was general concern, by the citizenry in attendence as well as some of the Commission members, that perhaps the City was experiencing too rapid a growth in population. Roy Light, land owner of the proposed subdivision, gave all in atten- dence his assurance that the lots and housing structures of the proposed Shady Creek East subdivision would be commensurate with the existing Shady Creek. Don Ray inquired as to the current zoning of the existing Shady Creek and was advised that it is zoned "R -2" The majority of the Hearing attendees stated that they felt comfortable with an "R -1" zoning for the proposed subdivision but that "R -2" was a real concern. Discussion ended and Chairman Gray moved to the next Hearing agenda. PUBLIC HEARING NO. 2 - To receive citizen's comments regarding the re- quest to re -zone approximately 5.25 acres, on Kevin Miller Road, from the current "AG" to "R -3 ". Phillip Miller advised the Commission that approximately four lots, plat- ted previous to the September Zoning Ordinance, would now be impossible to sell under "AG" zoning and for that reason, requested approval of the rezoning request. No one spoke out in favor of, or in opposition to, the request. At 7:57 p.m., the Hearing was concluded with Chairman Gray advising the attendees that decisions would be rendered during the regularily sched uled meeting of the Planning and Zoning Commission which would follow af- ter a ten (10) minute intermission. ATTE P c5VED : MINUTES OF PLANNING AND ZONING COMMISSION REGULAR MEETING- DECEMBER 16, 1993 Chairman Gray called the meeting to order. at 8:08 p. m. Commission members in attendence were Charles Gray, Janna Brimer, Cliff Hallmark and David Conroy. Gregg Bennett, Bill Cromer and Glynn Cavasos were not in attendence. City Staff in attendence: Ted Rowe, City Administrator David Geeslin, Kennedale Chief of Police Elizabeth Elam, Legal Counsel for the City of Kennedale Michael Box, Director of Development and Enforcement Mort Wetterling, Asst. Director of Development and Enforcement ITEM NO. 1 - Approval of the minutes of the 18 November 1993 Regular. Meeting of the Planning and Zoning Commission. Janna Brimer Motioned .to approve the minutes. David Conroy seconded the motion and all members voted in favor. ITEM NO. 2 — Request for a change of zoning for 47.3358 acres in the pro- posed Shady Creek East subdivsion from the current "AG" to "R -2 ", follow- ed by review of the Preliminary Plat for said subdivision. Chairman Gray requested that the City Administrator brief the Commission on the impact of the Zoning Changes, as provided by the September 1993 Zoning Ordinance. The City Administrator addressed traffic on Shady Oaks and Harrison Drive and discussed the history of water and sewer in the area as well as historical concerns over certain phases of fire protec- tion. Janna Brinier addressed the Commission and citizens on the various requirements of "R -1 ", "R -2 ", and "AG" zoning emphasizing the fact that the various requirements referred to minimum standards of compliance. Brimer also concurred with the general concern that the growth in Kenne- dale may be accelerating too rapidly and that a high density of popula- tion may take place if not monitored conscientiously. Chairman Gray stated that the existing Shady Creek began as an "R -1" concept and evolved to it's current "R -2" status and that such a situation could conceivably happen again. Ms. Elizabeth Elam, the City's Legal Counsel, advised the Commission of their role as advisors to the City Council and recommended that they look at only whether the use is reasonable, whether the land is appropriately zoned and whether the zoning is in keeping with the City's Land Use Plan. David Conroy then made the motion to approve the requested zoning change from "AG" to "R -2" however, the motion did not recieve a second. At that point, Gary Cooper, developer of the proposed Shady Creek East subdivision requested that the request for a zoning change be tabled until the next meeting of the Planning and Zoning Com- mission, which would afford him, Mr. Cooper, the opportunity to talk to members of the City Council and apprehensive citizens, in an effort to alleviate their concerns. Mr. Cooper's request was denied by the Commi- sion. Janna Brimer made a motion to approve a zoning change from "AG" to "R -1 ", instead of the requested "R -2 ", and send it forward for City Council con - sideration. David Conroy seconded the motion. Commission members Gray, Brimer and Conroy approved the motion while member Hallmark abstained. Janna I3rimer then motioned to table review of the Shady Creek East Pre- liminary Plat in thatjit did not conform to the "R -1" requirements and would have to be modified in the event that Council approved the "R -1" recommendation sent forward by the Commission. David Conroy seconded the motion and all of the Commission members voted in favor. ITEM NO 3 - Request for a zoning change for approximately 5.25 acres on Kevin•Miller Road, from "AG" to "R -3" Inasmuch as all questions were answered during the discussion that took place during the Public Hearing, Janna Brimer motioned to recommend ap- proval.of the zoning change requested. David Conroy seconded the motion and all Commission members voted in favor. ITEM NO. 4 - Review of the Final Plat for the FWT, Inc. Addition, Lots 1 thru 5 of Block 1. Chairman Gray expressed concern over a number of items that he consider- ed necessary,being omitted from the Plat. FWT, Inc.'s consulting engineer, Buddy Greenhaw, discussed the manner in which most platting is accomplish- ed throughout north Texas and further stated that the FWT, Inc. Final Plat addressed everything required by law. Mr. Greenhaw also advised that all of the concerns set forth by the City's consulting engineer would be complied with. It was pointed out by the City Administrator, Buddy Green - haw and Edwin Apel that information relating to streets, water, sewer and right -of -way is.on the engineering plans that support the Plat. After ad- ditional discussion on the platting process, David Conroy motioned to ap- prove the FWT, Inc. Final Plat and send it on to City Council for review and consideration. Janna Brimer seconded the motion and all of the Com- mision members voted in favor. DISCUSSION Janna l3rimer inquired as to the status of the proposed Nuisance Ordinance and she was advised that the City's legal counsel was in the process of reviewing it. Members of the Commission were further advised that the pro- posed Fencing Ordinance was currently on "hold" pending review and receipt of input by Commission members. At the Commission's request, Mort Wetterling gave a briefing on the cur- rent status of both Budget American and Auto Import,Inc. and Anderson Fi- nancial, purchaser of the former Bell Rubber site which are locations where possible unauthorized wrecking yard operations may be carried on at the present time. David Conroy motioned to adjourn. The.motion was seconded by Cliff Hall- mark and adjournment took place at 9:38 p. m. after all Commission members voted in favor. ATTE APPROVED: . 7